Probate in South Carolina:
Elected judges, a 2025 threshold
increase, 8-month creditors
& SC's rejection of augmented estate

1 Overview — what makes South Carolina probate distinctive

South Carolina probate is governed by Title 62 of the South Carolina Code of Laws — the South Carolina Probate Code, adopted from the UPC framework in 1987 with significant SC-specific modifications. Six features make the Palmetto State's system distinctly its own.

First: Elected Probate Judges. Every South Carolina county has a constitutional Probate Court presided over by an elected Probate Judge who serves a four-year term (S.C. Code § 62-1-309). This makes each county's probate court inherently local and accountable to voters — not an administrative clerk. The elected judge handles formal and contested matters; the court Registrar handles routine informal filings without scheduling a hearing. No other state in this series has this specific structure (Maryland's Register of Wills is closer, but is an administrative officer, not a judge).

Second: County-specific fee schedules. Unlike most states with uniform statewide fees, each South Carolina county's Probate Court sets its own filing fee schedule. Fees generally range from $25 for estates under $5,000 up to $845 or more for large estates, but exact amounts vary. Always confirm with your specific county court before filing.

Third: The 1.5× bond rule. South Carolina's bond requirement is unusually specific: the surety bond must equal one and one-half times the appraised value of the personal property in the estate (S.C. Code § 62-3-604). Bond may be waived by the will, by all interested parties signing an affidavit, or by corporate fiduciaries. This 1.5× multiplier is higher than many states' 100% requirement and meaningfully affects the cost of serving as personal representative.

Fourth: 8-month creditor period — no exceptions for standard probate. The creditor claim period is 8 months from first publication. This is significantly longer than Minnesota (4 months), Colorado (1 year from death or 4 months from publication, whichever first), and Indiana (3 months). The estate cannot be closed and assets distributed until this period expires, making 8 months the practical minimum for any full South Carolina probate proceeding.

Fifth: SC rejected the augmented estate concept. Most UPC states calculate the surviving spouse's elective share on the "augmented estate" — which includes both probate and most non-probate assets. South Carolina specifically rejected this approach. The SC elective share of 1/3 applies only to the probate estate (assets passing through the will or intestacy). The exception: if a revocable trust was created to defeat the elective share and a court finds it "illusory," those trust assets may be included. This SC-specific departure from UPC is significant for estate planning.

Sixth: Holographic wills are valid. SC Code § 62-2-502 allows a will that is entirely in the testator's handwriting and signed to be valid without witnesses. This contrasts with Minnesota, Wisconsin, and Maryland, which do not recognize holographic wills.

South Carolina probate at a glance

2 South Carolina's four probate paths

3 Elected Probate Judges — the county-by-county explorer

South Carolina's 46 Probate Judges are elected constitutional officers — not appointed administrators or clerks. Each county has its own judge, elected by county voters every four years under S.C. Code § 62-1-309. The Probate Court handles not just estates, but also marriage licenses, guardianships, and conservatorships. Because each county is autonomous, filing fees, local forms, local publication requirements, and local preferences vary. Standard SCCA forms (300ES, 305ES, 350ES, etc.) are used statewide, but each court may also require county-specific cover sheets or have additional local procedures. Always call ahead or check your county court's website before filing.

4 Elective share — 1/3 of probate estate (SC rejected augmented estate)

Under S.C. Code § 62-2-201, a surviving spouse may elect to take one-third of the decedent's probate estate, regardless of what the will says — even if the will leaves them nothing. This is a fundamental protection that cannot be defeated by a will alone.

5 The 8-month creditor period & the 1.5× bond rule

The 8-month creditor period

Under S.C. Code § 62-3-803, creditors who were not personally served notice have 8 months from the date of first publication of the Notice to Creditors to file their claims. This 8-month window is one of the longest mandatory creditor periods in the country — significantly longer than Indiana (3 months), Minnesota (4 months), Ohio (6 months), or Wisconsin (3–4 months). No standard probate estate can close before this period expires.

Publication must appear once a week for three consecutive weeks in a newspaper of general circulation in the county. The 8-month clock starts from the date of the first publication. Known creditors who are mailed direct notice must file within the earlier of the 8-month period or some other deadline specified. An absolute bar cuts off all creditors — known or unknown — 1 year from the decedent's death regardless of when notice was published.

The 1.5× bond requirement

South Carolina's bond requirement is unusually specific and higher than most states. Under S.C. Code § 62-3-604, the surety bond must equal one and one-half times (1.5×) the appraised value of personal property in the estate. For an estate with $200,000 in personal property (bank accounts, investment accounts, vehicles, tangible assets), the required bond would be $300,000. Bond premiums typically run 0.5%–1% of the bond amount annually — meaning a $300,000 bond might cost $1,500–$3,000 per year.

6 Informal probate — step by step

1. 1

   Determine path: small estate, summary, informal, or formal Do first

   Does the net personal property total $45,000 or less? → Small estate affidavit (Form 420ES); 30-day wait; no court required. Does the estate barely exceed costs, allowances, and exempt property? → Summary administration. Is the estate uncontested? → Informal probate (Registrar). Is the will contested or the situation disputed? → Formal probate (Probate Judge). Note the updated $45,000 threshold — many online resources still show $25,000. Also assess whether bond can be waived (check the will for a waiver clause; consider getting all heirs to sign bond waiver affidavits).

2. 2

   File application with Probate Court — Registrar reviews Form 300ES

   File Form 300ES (Application/Petition for Probate of Will and Appointment of Personal Representative) at the Probate Court in the county where the decedent was domiciled. Include the original will, certified death certificates, and proposed PR information. The court Registrar reviews for informal probate — no hearing scheduled. If complete and uncontested, the Registrar issues Letters Testamentary (testate) or Letters of Administration (intestate). Order 6–8 certified copies. If bond is required, post it before receiving Letters.

   Form 300ESOriginal willCertified death certificates × 4–6County filing feeBond (unless waived)
3. 3

   Notify heirs within 30 days — mail Form 305ES 30-day deadline

   Within 30 days of appointment, mail notice of the appointment and court proceedings to all heirs and devisees using Form 305ES. This notice gives interested parties the opportunity to object. Keep proof of mailing for each recipient. This deadline is firm — failure to notify can create grounds for disputes later and may affect the PR's ability to close the estate without formal proceedings.

   Form 305ES (Notice to Heirs and Devisees)Mail within 30 days of appointmentKeep proof of mailing
4. 4

   Publish Notice to Creditors — 3 weeks; 8-month period begins Starts the clock

   Publish the Notice to Creditors in a newspaper of general circulation in the county once a week for three consecutive weeks. The 8-month creditor period begins from the date of the first publication. Serve direct notice on all known creditors by mail — known creditors get the greater of their personally served notice period or the 8-month publication period. The Probate Court typically handles publication arrangements; confirm with your county's court whether they facilitate publication or whether the PR must arrange it directly.

   Notice to Creditors (3-week publication)Direct mail to all known creditors
5. 5

   File Inventory and Appraisement within 90 days Form 350ES · 90-day deadline

   Within 90 days of appointment, file a complete inventory of all probate assets with the Probate Court using Form 350ES. List all assets with date-of-death values — real property, bank accounts, investment accounts, vehicles, valuable personal property. Professional appraisals are required for real estate and business interests. The inventory establishes the fee base for PR compensation (up to 5% of personal property value), and the 1.5× bond amount if not previously addressed.

   Form 350ES (Inventory and Appraisement)Deadline: 90 days from appointmentProfessional appraisals for real estate and businesses
6. 6

   Administer estate during creditor period — pay debts and taxes

   During the 8-month creditor period, collect and secure estate assets, manage and invest estate funds prudently, pay administrative expenses. After the creditor period expires, pay valid creditor claims in statutory priority order (S.C. Code § 62-3-805). File the decedent's final South Carolina income tax return (Form SC1040) and federal return (Form 1040). File a fiduciary income tax return (Form SC1041) if the estate generates income above the threshold. No South Carolina estate tax return required.

7. 7

   Distribute assets and file final accounting Close with Form 410ES

   After the creditor period expires and all valid claims and taxes are paid, distribute remaining assets to beneficiaries per the will or intestacy. Obtain signed receipts from each distributee. For informal probate, file a final accounting (Petition for Settlement, Form 410ES) with the Probate Court to close the estate and discharge the PR. For formal supervised probate, the court must approve the final accounting before distribution.

   Form 410ES (Final Accounting / Petition for Settlement)Signed receipts from all distributeesPR discharge order

7 Timeline & costs

8 Key South Carolina probate forms — the ES series

South Carolina uses standardized SCCA forms numbered with an "ES" suffix (Estates). These are available from the SC Judicial Branch website at sccourts.org. Important caveat: Form 420ES (Small Estate Affidavit) may still display the old $25,000 threshold on the PDF despite the 2025 statutory increase to $45,000. The statute controls — verify the current limit with your county's Probate Court before filing any small estate documents.

All South Carolina probate forms (ES series) at sccourts.org →

9 South Carolina probate — frequently asked questions